Madhya Pradesh High Court
M/S Vinayak Dwelling Private Ltd. vs Smt. Sharda Soni on 27 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 2378 of 2023
(M/S VINAYAK DWELLING PRIVATE LTD. Vs SMT. SHARDA SONI)
Dated : 27-10-2023
Shri Amit Shukla - Advocate for applicant.
Shri Bhaskar Pandey - Advocate for respondent.
Heard on IA No. 13374/2023, an application filed under Section 5 of
Limitation Act for condonation of 331 days delay in filing the present revision
petition.
Said application is opposed by learned counsel for respondent.
However, taking lenient view and considering the reasons assigned
mentioned in the application, which is also supported with the affidavit of
Bhavesh Tiwari, sufficient cause is made out to condone the delay.
Accordingly, IA No. 13374/2023 is allowed and delay in filing the present
revision petition is hereby condoned subject to depositing cost of Rs.5,000/-,
which is payable to High Court Legal Aid Services Committee, Jabalpur within
seven working days from today.
Also heard of the question of admission.
Revision is admitted for final hearing.
Further heard on IA No. 13373/2023, which is first application filed under
Section 397 of Cr.P.C. for suspension of custodial sentence and grant of bail
moved on behalf of applicant.
T h e applicant has been convicted vide judgment dated 13/08/2020
passed by 17th Additional Sessions Judge, Bhopal in Cr.A. No. 477/2019,
whereby the appeal preferred by applicant against judgment dated 19/08/2019
passed by Judicial Magistrate First Class, Bhopal in Regular Criminal Case
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
No.2500/2011 got dismissed by affirming the conviction of trial Court and
applicant has been found guilty for commission of offence punishable under
Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo SI
for 1 year and to pay compensation of Rs.36,20,000/- with usual default
stipulations.
Learned counsel for the applicant submits that the appellate Court as
well as trial Court have not properly appreciated the evidence in its proper
perspective and committed grave error in convicting the applicant for aforesaid
offence. The applicant is ready to deposit 60% of compensation amount.
There are fair chances of success of this revision and final hearing of same will
take considerable time, therefore, if remaining custodial sentence has not been
suspended, then the revision filed by applicant may turn infructuous. Under
these circumstances, learned counsel for applicant prays for suspension of jail
sentence and release of the applicant on bail till the final disposal of the revision.
Looking to the facts and circumstances of the case, contention of learned
counsel for the applicant, the short sentence of the applicant and the fact that
the applicant is ready to deposit 60% of compensation amount and according
to listing policy the hearing of this revisionl will take time, the application is
allowed and it is directed that the execution of the remaining jail sentence
passed against applicant-Sanjay Tiwari shall remain suspended during the
pendency of this revision and he be released on bail subject to depositing 60%
of compensation amount i.e. Rs.36,20,000/-, which is payable to respondent
and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty
Thousand only) with one surety in like amount to the satisfaction of the trial
Court for his appearance before the trial Court on 22/12/2023 and on such
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
further dates as may be fixed by trial Court it in this regard during the pendency
of this revision.
List the revision for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 10/28/2023
11:12:26 AM
